OTR Interviews

Martin family attorney: We know Trayvon was scared of Zimmerman, was not the aggressor

This is a rush transcript from "On the Record," July 5, 2013. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, FOX NEWS HOST: Hello, and welcome to "On the Record." I'm Kimberly Guilfoyle, in for Greta, who has the night off.

Now, dramatic and emotional testimony today in the George Zimmerman murder trial, the medical examiner testifying Trayvon Martin survived for 1 to 10 minutes after being shot by George Zimmerman. Trayvon's mother also testified today.

Joining me now in an "On the Record" exclusive is the attorney for Trayvon Martin's family, Daryl Parks. Mr. Parks, thanks for joining us on the program tonight.

DARYL PARKS, MARTIN FAMILY ATTORNEY: Thank you.

GUILFOYLE: So an emotional day in court, Sybrina Fulton taking the stand. You spoke with the family. How are they doing? The prosecution has now rested their case and the defense has begun.

PARKS: Well, it's been a tough day here in Sanford for the family. Obviously, they anticipated today, and they were very prayerful as they prepared and we worked with them to prepare them. And then that moment came where Sybrina Fulton had to take the stand.

It was tough for her to go and talk about your son and to hear the gunshot again and to hear what she recognizes as his voice. Then to the question about did she maintain any hope that it wasn't was really -- really something that she wished she didn't have to go through. But obviously, they are allowed to ask her questions.

Probably even tougher than that, though, was Tracy Martin today, sitting through court and to hear about how the bullet entered your son's heart and how it broke into pieces and went into his lungs and how blood filled his lungs and his last moments. Those were very tough moments for him as he tried to hold on as best he could, to keep it together.

GUILFOYLE: It's very tough because this is their child who they loved very much and just the tragic way in which he died. Now, like I mentioned before, the prosecution, of course, has rested. Did you speak with the family? Your thoughts, your reflections on whether or not you feel that the DA's office put sufficient evidence forward to get a second degree murder conviction?

PARKS: Well, I believe they have. I think that you have to go always go back to the best evidence in this case, is -- are the non-emergency 911 tapes that Mr. Zimmerman made to the police department and his mindset.

And so when you start talking mindset, you take the history that's now in evidence of George Zimmerman always calling the cops, mainly on young black men, and then the night of the call, how he talks about the fact of this guy being suspicious and calling him an "A-hole" and how these people get away with it.

So that goes to his mindset that created a very serious mindset. And we saw in statement after statement of how George Zimmerman clearly has in his mind that all these occurrences that are happening in his neighborhood and he intended to do something about it.

GUILFOYLE: OK, well, the prosecution has the burden, and it is a high one, Mr. Parks, to prove that there was essentially implied malice, that George Zimmerman that evening essentially was going out to, you know, get justice, that he had been tired of the burglaries that were happening in his gated community, that they had been going unsolved.

He saw what he believed was suspicious behavior on the part of Trayvon Martin, but you also had testimony from the prosecution witnesses that, in fact, Trayvon Martin was on top of George Zimmerman, one of the prosecution witnesses even saying that it appeared that he had a mixed martial arts, an MMA kind of wrestling hold on top of him.

Did any of that testimony surprise you or the family? Were you expecting that?

PARKS: Of course we were expecting it. But let's remember now. There's been a lot of mention of him being on top and who was crying for help. You have to always remember who started this altercation, right? We've heard testimony, on three different occasions George Zimmerman could have introduced himself to Trayvon, said, Hey, I'm neighborhood watch, what are you doing, right?

We do know that Trayvon was scared of George Zimmerman. George in his statement that he gave, he talks when Trayvon walked past his truck, Trayvon put his hand in his -- in his -- in what he was wearing because he was trying to intimidate George. But yet Trayvon was moving away from him. And then, when they finally met behind the townhouses, Trayvon said, Hey, why are you following me?

So Trayvon was not the aggressor here. And it's important because George Zimmerman could have done something to stop this incident. If George had have followed the instructions of the dispatcher and stayed in his vehicle as he was instructed, this would have never have happened.

GUILFOYLE: Well, you know, Mr. Parks, in the state of Florida, the prosecution has the burden to prove that it was unreasonable self-defense, that George Zimmerman didn't have a reasonable fear of death or great bodily injury, that he could die that night.

The statements that were introduced by the prosecution, George Zimmerman is saying, in fact, he did have that fear. He does have injuries, physical injuries, broken nose and cuts, lacerations to the back of the head, that are consistent with his statement that Trayvon Martin was on top of him.

So at what point does he lose his right, his ability to defend himself? He certainly doesn't have an obligation to die if he feels that his head's getting bashed in, right? I mean, that's -- that's the law in the state of Florida.

PARKS: Well, I think your characterization is misstated to a large degree. What you need to look at, not just the photo that was taken outside right after it happened, not just the photo that was in the police car, but take the photo four hours later that was taken at the police station that showed a very clear George Zimmerman. I think that's the photo you ought to all compare to the other photos to let the public see it and make their decision.

GUILFOYLE: OK, well, what should have George Zimmerman done that night if he felt that he was about to die, based on the positioning, his head hitting the cement? What should have he done?

PARKS: OK, I think you have to back up and think about what happened. George Zimmerman is the person who was following Trayvon, got out of the car, right, went, and when he confronted Trayvon, instead of saying who he was, went to his pocket as if he was about to pull something out.

At that point, Trayvon had to defend himself because he didn't know what this guy, a complete stranger, was pulling out of his pocket. And then -- but beyond that, let's take it to when they go to the ground. With George Zimmerman's own statement to Hannity, where he says that, My head was a little bit on the sidewalk, he could have moved.

Beyond that, you heard testimony that said that Trayvon's legs were up by George Zimmerman's arms, holding him down, and he was holding him by the mouth and by the nose. But that's important because we now know from Mr. Good that this alleged MMA beatdown style didn't happen like that.

And so you have take the evidence in totality, not just use sound bites, right, to get a real feel what's going on. But most importantly, what happened on that night of whatever licks he took to the face, whatever little blood he lost, right, did not warrant him taking out a gun, sticking to the heart of Trayvon Martin and shooting him in the heart. No one can say that.

GUILFOYLE: Well, powerful testimony from the medical examiner, yes, that the gunshot wound straight through the heart. So that I think was some evidence for the prosecution today.

But Daryl Parks, we certainly want to thank you for being on the program and joining us this evening. And I know you've got to spend some time with the family as this is a tough, emotional and time for them. Thank you.